Contents

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(2009) 13 E & P 269

Reasonable doubt in credibility contests: sexual assault and sexual equality
Christine Boyle

Sexual assault prosecutions present particular challenges in making credibility determinations in ¿he said/she said¿ cases. An analysis of Canadian law illustrates how attempts to avoid the ¿either/or¿ error can be vulnerable to a critique that the understanding of reasonable doubt in such cases is inconsistent with sex equality. The possible ways in which accused persons may be given the benefit of a less than reasonable doubt, and the resulting implications for both sex equality and judicial impartiality, are discussed in this article. A return to basic principles is suggested.

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(2009) 13 E & P 293

The evidential quality of victim personal statements and family impact statements
Ian Edwards

Victim personal statements (VPS) were introduced by the UK government in 2001 and family impact statements (FIS) in 2007. This article explores the evidential quality that VPS/FIS have at sentencing. First, the article considers the notion of procedural fairness for offenders and the relationship between it and the rationales for VPS/FIS. Secondly, as a case study, it explores the introduction of victim impact statements (VIS) in South Australia where the evidential quality of VIS was a central issue during parliamentary debate on the introduction of victims¿ rights to present orally their VIS. Thirdly, it evaluates the current law relating to the admissibility and evidential quality of VPS/FIS in English law. It is argued that incorporating victims¿ information in sentencing has the potential to undermine key principles of procedural fairness, but VPS/FIS pose little threat to the fair treatment of offenders in light of judicial guidance.

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Links to other issues

Volume 5 (2001) :   1   2   3   4

Volume 6 (2002) :   1   2   3   4

Volume 7 (2003) :   1   2   3   4

Volume 8 (2004) :   1   2   3   4

Volume 9 (2005) :   1   2   3   4

Volume 10 (2006) :   1   2   3   4

Volume 11 (2007) :   1   2   3   4

Volume 12 (2008) :   1   2   3   4

Volume 13 (2009) :   1   2   3   4

Volume 14 (2010) :   1

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